Current Status Introducing Body:Senate Bill Number:1117 Primary Sponsor:Bryan Committee Number:13 Type of Legislation:GB Subject:Mentally ill, emergency commitment Residing Body:Senate Current Committee:Medical Affairs Companion Bill Number:4108 Computer Document Number:BR1/1906.AC Introduced Date:Jan 14, 1992 Last History Body:Senate Last History Date:Jan 14, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Bryan Peeler Fielding Hinds Hinson Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1117 Senate Jan 14, 1992 Introduced, read first time, 13
referred to Committee
1117 Senate Dec 02, 1991 Prefiled, referred to 13
Committee
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TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR MENTAL ILLNESS, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE MENTALLY ILL BUT CHEMICALLY DEPENDENT AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR CHEMICAL DEPENDENCE HAVE BEEN INITIATED, THEN THE PERSON MUST NOT BE DISCHARGED BUT MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY; TO AMEND SECTIONS 44-17-430, 44-17-440, AND 44-17-530, RELATING TO TAKING INTO CUSTODY AND TRANSPORTING PERSONS FOR THE PURPOSE OF EMERGENCY COMMITMENT AND EXAMINATION FOR MENTAL ILLNESS, SO AS TO CHANGE REFERENCES FROM "OFFICER OF THE PEACE" TO "STATE OR LOCAL LAW ENFORCEMENT OFFICER"; TO AMEND SECTION 44-17-870, RELATING TO TAKING CUSTODY OF A PERSON INVOLUNTARILY COMMITTED TO A FACILITY WHO IS ABSENT WITHOUT AUTHORIZATION, SO AS TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 44-52-60, AS AMENDED, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR CHEMICAL DEPENDENCY, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE CHEMICALLY DEPENDENT BUT MENTALLY ILL AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR MENTAL ILLNESS HAVE BEEN INITIATED THEN THE PETITION MUST BE DISMISSED, AND IN COMPLIANCE WITH THE APPROPRIATE COMMITMENT PROCEDURES, THE PERSON MUST BE DETAINED AND MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-17-410 of the 1976 Code, as last amended by Act 30 of 1991, is further amended to read:
"Section 44-17-410. Any A person may be admitted to a public or private hospital, a state hospital, a mental health clinic, or a state mental health facility approved by the Department of Mental Health for emergency admission upon:
(1) written application affidavit under oath by any a person stating:
(a) His a belief that the person is mentally ill and because of his this condition is likely to cause serious harm to himself or others if not immediately hospitalized.;
(b) the specific type of serious harm thought probable if the person is not immediately hospitalized.
(c) The and the factual basis for this belief.;
(2) a certification in triplicate by at least one licensed physician stating that he the physician has examined the person and is of the opinion that he the person is mentally ill and because of his this condition is likely to cause harm to himself through neglect, inability to care for himself, or personal injury or otherwise or to others if not immediately hospitalized. The certification shall must contain the grounds for the opinion. A person with respect to for whom a certificate has been issued may not be admitted on the basis thereof at any time of that certificate after the expiration of three calendar days after the date of his the examination.;
(3) within forty-eight hours after his admission, exclusive of Saturdays, Sundays, and legal holidays, the place of admission shall forward the application affidavit and certification to the probate court of the county in which the person resides or where the acts or conduct leading to his the hospitalization occurred.
Within forty-eight hours of receipt of the application affidavit and certification exclusive of Saturdays, Sundays, and legal holidays, the court shall conduct preliminary review of all the evidence to determine if probable cause exists to continue emergency detention of the patient. If the court finds that probable cause does not exist, it shall issue an order of release for the patient. Upon a finding of probable cause, the court shall make a written order detailing its findings and may order the continued detention of the patient.
With each affidavit and certification, the treatment facility shall provide the court with a designated examiner appointment form listing the names of two designated examiners at the treatment facility.
If the court appoints these two designated examiners, the examination must be performed at the treatment facility and a report must be submitted to the court within seven days from the date of admission. The court may appoint independent designated examiners who shall submit a report to the court within the time allotted above. In the process of examination by the designated examiners, previous hospitalization records must be considered. At least one of the examiners appointed by the court must be a licensed physician.
If the report of the designated examiners is that the patient is not mentally ill, the court shall dismiss the petition and the patient must be discharged immediately by the facility unless the designated examiners report that the patient is a chemically dependent person in need of emergency commitment and that procedures have been initiated pursuant to Section 44-52-50. In which case, emergency commitment procedures must be complied with in accordance with Chapter 52, and the facility shall transfer the patient to an appropriate treatment facility as defined by Section 44-52-10, provided that confirmation has been obtained from the facility that a bed is available; transportation must be provided by the department.
If the report of the designated examiners is that the patient is mentally ill, the court may order that the person be detained at the place of his admission, appoint counsel for him the patient if he counsel has not been retained counsel, and fix a date for a full hearing to be held pursuant to Section 44-17-570 within fifteen days from the date of his admission. The court shall give notice of the hearing pursuant to Section 44-17-420.
The examiners' report must be available to the person's counsel before the full hearing. The person must be given the opportunity to request an independent designated examiner pursuant to Section 44-17-530."
SECTION 2. Section 44-17-430 of the 1976 Code is amended to read:
"Section 44-17-430. If a person believed to be mentally ill and, because of his this condition, likely to cause serious harm if not immediately hospitalized, cannot be examined by at least one licensed physician pursuant to Section 44-17-410 by reason of the fact that his because the person's whereabouts are unknown or for any other reason, the petitioner seeking commitment pursuant to Section 44-17-410 shall execute an affidavit stating that he believes a belief that the individual to be is mentally ill and, because of his this condition, likely to cause serious harm if not hospitalized and, the ground for such this belief, and stating that the usual procedure for examination cannot be followed and the reason therefor why. Upon presentation of such an affidavit, the judge of probate for the county in which the individual is present may require any a state or local law enforcement officer of the peace to take the individual into custody for a period not exceeding twenty-four hours during which detention he shall the person must be examined by at least one licensed physician as provided for in Section 44-17-410(2); provided, that. The individual taken into custody shall have has the right to representation by an attorney. If within the twenty-four hours the person in custody is not examined by a licensed physician or, if upon examination, the physician does not execute the certification provided for in Section 44-17-410(2), the proceedings shall must be terminated and the individual in custody shall must be immediately released immediately. Otherwise, proceedings shall must be held pursuant to Section 44-17-410(3)."
SECTION 3. Section 44-17-440 of the 1976 Code is amended to read:
"Section 44-17-440. The certificate required by item (2) of Section 44-17-410 shall must authorize and require any a state or local law enforcement officer of the peace preferably in civilian clothes, to take the individual into custody and transport him the person to the hospital designated by the certification. No person shall may be taken into custody after the expiration of three days from the date of certification. Any A friend or relative may transport the individual to the mental health facility designated in the application, provided such if the friend or relative has read and signed a statement on the certificate which clearly states that it is the responsibility of an a state or local law enforcement officer of the peace to provide timely transportation for the patient and that the friend or relative freely chooses to assume such that responsibility. A friend or relative who chooses to transport the patient shall is not be entitled to reimbursement from the State for the cost of such the transportation. Any An officer acting in accordance with the provisions of this article shall be is immune from civil liability."
SECTION 4. Section 44-17-530 of the 1976 Code is amended to read:
"Section 44-17-530. Within three days after the petition for judicial commitment set forth in Section 44-17-510 is filed, exclusive of Saturdays, Sundays, and legal holidays, the court shall appoint counsel to represent the person if he has not retained counsel has not been retained and the court shall appoint two designated examiners, one of whom shall must be a licensed physician, to examine him the person and report to the court their findings as to his the person's mental condition and his need for treatment. The examination shall must be made at a suitable place not likely to have a harmful effect upon his the person's health. On the a report of the designated examiners of refusal to submit to examination, the court shall order him the person to submit to examination. If he the person refuses to obey the court's order the court shall be empowered to may require any a state or local law enforcement officer of the peace to take him the person into custody for a period not exceeding twenty-four hours during which time he shall the person must be examined by the two designated examiners. His The person's attorney shall must be notified prior to his before the person's confinement. If the examiners do not execute the certification provided for in this section within twenty-four hours, the proceeding shall must be terminated and he shall the person must be released. An adequate record of the examination shall must be made and offered to his the person's counsel. If the conclusions of the examination are that he the person is mentally ill the underlying facts shall must be recorded as well as the conclusions. The person shall must be given the opportunity to request an additional examination by an independent designated examiner. If the court determines that he the person is indigent the examination shall must be conducted at public expense."
SECTION 5. Section 44-17-870 of the 1976 Code is amended to read:
"Section 44-17-870. If any a patient involuntarily committed to a facility under the jurisdiction of the State Department of Mental Health is absent without proper authorization, any a state or local law enforcement officer of the peace or employee of the department appointed pursuant to Section 44-11-70 may, upon the request of the facility superintendent or director or his a designee and without the necessity of a warrant or a court order, may take the patient into custody and return him the patient to a facility designated by the department. No person shall may be reconfined pursuant to this section after being continuously absent from the jurisdiction of the department for at least one year unless criminal charges are still pending against him the patient or unless he was committed to a facility of the department pursuant to Section 44-23-610 Chapter 24, Title 17."
SECTION 6. Section 44-52-60(D) of the 1976 Code, as last amended by Act 38 of 1989, is further amended to read:
"(D) If the report of the examiners is that:
(1) that the patient is not chemically dependent or is chemically dependent but no longer in need of emergency commitment and not likely to benefit from further treatment, the court shall dismiss the petition and the patient must be discharged immediately from the facility;
(2) that the patient is chemically dependent, in need of involuntary hospitalization, and likely to benefit from further treatment, the court may order that the person be detained at the place of admission; or
(3) the patient is not chemically dependent or is chemically dependent but no longer in need of emergency commitment and not likely to benefit from further treatment but that the patient is mentally ill and that procedures for emergency admission have been initiated pursuant to Section 44-17-410, then the court shall dismiss the petition and in compliance with emergency commitment procedures pursuant to Chapter 17, Article 5 the patient must be detained and the facility shall transfer the patient to an appropriate facility; transportation must be provided by the department;
(3) (4) that the two examiners conflict in their opinions, the court may designate a third examiner, who must be knowledgeable in the treatment of chemical dependency and charge the three examiners to render a majority opinion within forty-eight hours or the court may terminate the proceedings and the patient must be discharged immediately from the treatment facility."
SECTION 7. This act takes effect upon approval by the Governor.